The inability to realize their rights is increasingly forcing people with disabilities to go to court. The ratification of the Convention on the Rights of Persons with Disabilities and the adoption of the Law of Ukraine «On the Principles of Preventing and Combating Discrimination in Ukraine» have spurred an increase in the number of applications.

The first court cases to combat discrimination on the basis of disability are well known. A man who could not use the Ukrzaliznytsia website because it was inaccessible and he could not purchase discounted tickets through the online service, a woman who was not allowed into a nightclub because it was inaccessible, a man who was denied a consumer loan because he was a person with a disability - these are all individuals who have proven in court that they have been discriminated against on the basis of disability. It is not surprising that others continue to go to court to protect their rights, often emphasizing discrimination.

As part of the project «Implementation of the National Human Rights Strategy as a Way to Reduce Discrimination Against People with Disabilities» implemented by the National Assembly of People with Disabilities of Ukraine, an analysis of the Unified State Register of Court Decisions was conducted to identify court cases in which people with disabilities challenged discrimination. Thus, 41 relevant court cases have been identified between 2015 and today.

So, what do people with disabilities consider discrimination, and what decisions do Ukrainian courts make? In the next few publications, the project team will outline the most illustrative cases, in our opinion.

In the meantime, here is one of the cases. A person with a disability who was unable to purchase a discounted train ticket by providing the cashier with a duly certified certificate instead of a pension certificate appealed the actions of PJSC Ukrzaliznytsia in court. In its decision in case No. 522/556/17 of May 15, 2018, the Prymorskyi District Court of Odesa recognized the decisions and actions of PJSC Ukrzaliznytsia to refuse to sell a discounted travel document to the plaintiff on the basis of a pension certificate as indirect discrimination on the basis of disability and as a violation of consumer rights and the Rules for the Transportation of Passengers, Baggage, Cargo and Mail by Rail of Ukraine.

The project is implemented with the support of the British Embassy in Ukraine.